New York City to pay $135 to homeless man for being beaten by cops

A homeless man who was beaten and dragged off the subway by police for taking more than one seat on a nearly empty train will receive $135 in settlement of his lawsuit. One of the officers involved may be subject to disciplinary action. Writes about it The City.

The incident happened on May 25, 2020 and initially led to the arrest of Joseph T. He was charged with assault after police said he kicked them while they were trying to handcuff him on a train station platform in Midtown.

But body camera footage released weeks after the incident shows police punching Joseph twice in the face and throwing his belongings off the train.

NYPD officer Adonis Long was also seen pepper spraying Joseph and wrapping one arm around his neck.

Joseph, a hairdresser by profession, said the incident happened after he left a homeless shelter in Manhattan with his belongings in several large bags. He did not want his full name to be published for fear of retribution.

On the subject: How a gangster became a cop and now collects amazing stories about the life of the New York mafia

Body camera footage shows Joseph crying and pleading, “Stop!” as the man is held against a wall by police. He seemed to be bleeding from his head.

“I’m having a panic attack, please,” he pleads, handcuffed on the floor of the precinct. The detainee called for his older brother, who was not there.

He later said, "I felt like my heart was about to jump out."

Legal Consequences

Former Manhattan District Attorney Cy Vance dropped charges against Joseph for assaulting a police officer just days after The City reported on the case and released the body camera footage.

Last March, Joseph sued New York NYPD officer Long and his partner, officer Shimul Saha. The lawsuit, filed in federal court in Manhattan, alleged that officers falsely claimed that Joseph tried to run away from police officers, pushed him, and hit him.

According to the complaint, Long injured his right hand when he repeatedly punched Joseph while the police used excessive force, made a false arrest and fabricated evidence.

"The city actually approves of his behavior"

The administration of New York Mayor Eric Adams settled the case on Dec. 21, admitting no wrongdoing.

"This agreement was in the interests of the parties," said Nicholas Paolucci, spokesman for the city's legal department, who noted that the city declined to represent Long.

Joseph's attorney, Michael Lumer, noted that Long was not required to personally pay for any settlement. City lawyers began to force some of the cops involved in lawsuits to pay out of their own pockets.

“This settlement speaks volumes about why some police officers continue to lie and mistreat people,” Lumer said. “By paying for Adonis Long’s misbehavior and not demanding any compensation, the city is effectively endorsing his behavior.”

He added: "Until there is real accountability and discipline, bad cops will continue to break the law without consequences."

Citizens pay for the behavior of the police

The latest payout highlights how taxpayers are on the hook paying for misbehaving cops, even when the legal department refuses to represent an officer due to the weakness of the case.

In all, New York has allocated more than $1,1 billion to NYPD misconduct cases since 2015, according to the City Comptroller, which tracks payments, more than any other city agency.

According to a study by UCLA law professor Joanna Schwartz, in most cases involving the NYPD, the cops themselves are not responsible for any civilian payments. Only 35 police officers had to personally pay for the six-year study period from 2006 to 2011. The study found that half of those cops paid less than $2.

In addition to the civil lawsuit, the Citizens Complaints Review Board substantiated numerous allegations of misconduct against Long in April 2022.

These include: lying, using excessive physical force, impolite behavior, misuse of pepper spray, and illegal chokeholds.

The case was based solely on body camera video obtained by the Legal Aid Society, Lumer said. He said Joseph refused to talk to investigators.

The charges have been referred to NYPD Commissioner Kichant Sewell, who has the final say on disciplinary matters. Any possible internal charges will be filed in the department's trial room, where administrative hearings are held. Long can face anything from losing vacation days to getting fired.